Important step for the 'Stop Torture in Tibet' campaign.
China has introduced a new law banning evidence obtained through torture from courts in Tibet and China. This has been one of the key demands of Free Tibet's 'Stop Torture in Tibet' campaign.
Though there are many problems with the new legislation, we believe it could be a good step towards stopping the torture in Tibet.
China announced new regulations on 31 May, which came into effect on 1 July, that ban the use of evidence extracted through torture in cases that can result in a death sentence. The regulations also offer all defendants the opportunity to challenge court evidence if they were tortured or coerced into confessing.
The new regulations refer to :
-confessions obtained through torture;
-testimonies extracted using violence or threats;
-evidence whose origins are unclear.
One of the reasons for the widespread and routine use of torture in Tibet and China is the use of confessions as evidence of guilt.
While Free Tibet welcomes these new regulations it is not clear how they would be implemented as they are vague, lacking in details on key points and in many instances are impossible to implement. In their current form the new regulations are not likely to have a significant effect in the short term but they may prove to be a first step towards eradicating the routine and widespread use of torture in China and Tibet.
Problems with the new regulations to ban use of evidence obtained by torture
'Oral evidence that has been determined to be illegal in accordance with the law shall be excluded and may not serve as the basis for conviction.' Article 2
Therefore the new regulation does not ban the use of confessions extracted under torture outright, but rather leaves the decision largely to the courts to decide.
An investigation into allegations of torture can be requested by the defendant.
However, in a country where the overwhelming majority of defendants are not granted lawyers it is unclear how the defendant would know about and utilise this opportunity.
For an investigation into the alleged torture to take place the person who alleges torture must prove that torture took place, including by giving the name of the alleged torturer.
It is not explained how the defendant may prove that torture took place or what would be considered sufficient evidence. The few examples that are cited as acceptable evidence such as giving the name of the torturer are well nigh impossible for a victim of torture to meet, rendering any such investigation extremely unlikely.
The rules do not apply to cases of administrative detention such as re-education through labour.
Many Tibetans are sentenced to forced labour for political activities through this system of detention without trial.
The challenge now will be ensuring that China's courts obey these new laws. Free Tibet will be working, with other human rights organisations like Tibet Watch, to make China accountable to its own laws to stop torture in Tibet.
Watch the videos of actors reading torture testimonies for the campaign to give greater insight into the terrible experience of being tortured in Tibet.
